Study On The Legitimacy Of Same-sex Partnership

The existence of homosexuality has been a very common phenomenon along thehistory of human beings. Irrational views on homosexuality has been graduallyeliminated owing to the ongoing study and historical experience. Nowadays, thatmore and more countries are making laws to protect the rights of LGBT has been atrend which is mostly focused on same-sex marriage or partners throughout the wholeworld, especially those in Europe and pan-America. When face up to these issues,how will we Chinese laws react? While China is on her way to fulfill comprehensivehuman rights, homosexual as citizens will ask for themselves various human rights.Under such circumstances, this thesis try to analyze why same-sex partnership shouldbe legitimate in China and will bring forward practical suggestions to legalize same-sex partnership. This thesis is composed of three major parts. In the first part, whyshould homosexuals have the right to enter a relationship will be discussed. In theory,homosexuals are all entitled to be in a partnership based on the sexual rights which isalso a necessary part of human rights; Meanwhile, the transition of the essence ofmarriage and the changed relationship between law and moral can also contribute tothe legitimacy of homosexual partnership. Apart from those reasons, the urgency ofaddressing the problems of “gay men’s wives” and bringing contagious disease undercontrol also needs that legitimacy. The second part tries to concentrate on thedifferent legislations of homosexual marriage or partnership and then make the betterchoice of one——the homosexual partnership, according to our own domesticconditions.The third part prospects the legislation-would-be of homosexualpartnership which will include the establishment, termination, rights and obligationsunder the bill in our country referring to the extant marriage system.